Trademark in actual is a unique symbol or sign that is used by sole proprietor, firm, company and other businesses to identify that the product and services provided by them are original and originated from them.

In accordance with the established practices of the most parts of the world, trademark is also an intellectual property and is registerable. Trademark can be a name of business, related word, logo, symbol, image or combination of the aforesaid. The business with registered trademark has the right to commence legal proceedings in case the trademark is used by other businesses illegally. Therefore it is advisable to get your trademark registered to enjoy the rights bestowed to the owner of trademark in Pakistan.

The main objective of trademark registration is to recognise the source of origination of the product or any service when used. In other words, trademark serves as an identification source of a product or service. There are certain legal rights associated with the registered trademark that are enforceable in case of breach or infringement of the trademark rights.

It is worth mentioning that rights associated with trademark are useable in only in case of use of the trademark over the unique product or service of the business provided that there are no other legal objections associated.

DIFFERENT CLASSIFICATIONS OF TRADEMARKS IN PAKISTAN AND AROUND THE WORLD:

Goods and Services have been classified as per International classification of goods into 45 Trademark classes. Class 1 to 34 is related to goods and classes from 35 to 45 relate to services. This classification of trademarks is also known as Geneva Classification. In Pakistan this system of classification is used as Pakistan is also the signatory of Geneva Accord. The objective of creating a system for classification of trademarks is to make sure that goods and services around the world are classified in the same way and there are no chances of conflict because trademark registered in any part of the world is used around the world without objection from any other businesses for reason of trademark conflict.

LAWS AND LEGISLATION EFFECTING TRADEMARK REGISTRATION AND ITS PROTECTION:

In Pakistan Intellectual property Organisation is the government body responsible for administrative control of trademarks in Pakistan. Intellectual Property organisation works within the framework of Trade Marks Ordinance, 2001 and Trade Mark rules 2004 to protect the rights of businesses with registered trademarks. Under Trademark laws Registrar of Trademarks hears and decides matters relating to trademarks in case of any kinds of objections. The proceedings are similar to a civil court.

PROCESS OF TRADEMARK REGISTRATION IN PAKISTAN:

Search for trademark before filing of application of trademark registration.

Submission of application to the Intellectual property organisation for trademark registration.

Initial review from Registrar of Trademark registration application

Apperance before registrar by applicant/representative in case of objections from registrar of trademarks.

Issuance of order by the registrar for publication of trademark in Trade Journal of Pakistan by the registrar of trademarks.

Publication of Trademark in the Trade journal of Pakistan

Objections or applications in opposition to the Trademark registration in Pakistan.

Hearing before the registrar of objections in case any and descision by the registrar.

Trademark Registration certificate issuance.

Trademark application is filed through a representative by providing him the authority through power of attorney.

The validity period for trademark registration in Pakistan is 10 years.

ITNA Consultants can provide all the services relating to trademark registration in Pakistan. If you are interested in trademark registration feel free to contact us